Before it accepts an application the authority should check that the trees are in fact subject to an Order currently in force and verify that the application is both valid and complete. However, the authority’s consent is required for work on trees subject to an Order if: The authority’s consent is also required, for example, for work on trees protected by an Order that is necessary to implement permitted development rights under the Town and Country Planning (General Permitted Development) Order 2015. It can also consider some form of publicity. Paragraph: 019 Reference ID: 36-019-20140306. Paragraph: 117 Reference ID: 36-117-20140306. Paragraph: 147 Reference ID: 36-147-20140306. Section 210(4A) and (4B) of the Town and Country Planning Act 1990 set out that, in respect of offences under section 210(4) of the Act, authorities may bring an action within 6 months beginning with the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings came to the prosecutor’s knowledge. When determining applications for consent under an Order, the authority may: The authority must decide the application before it, so it should not issue a decision which substantively alters the work applied for. Paragraph: 138 Reference ID: 36-138-20140306. Paragraph: 010 Reference ID: 36-010-20140306. The law on Tree Preservation Orders is in Part VIII of the Town and Country Planning Act 1990 as amended and in the Town and Country Planning (Tree Preservation) (England) Regulations 2012 which came into force on 6 April 2012. Before authorities make or confirm an Order they should be able to show that protection would bring a reasonable degree of public benefit in the present or future. Should you do that without permission and the tree was protected by a preservation order, you could be liable to a fine of up to £30,000 or twice the value of the timber of the tree… There is also a duty requiring landowners to replace a tree removed, uprooted or destroyed in contravention of an Order. It notifies the authority of proposed work on trees in a conservation area that are not subject to a Tree Preservation Order. Authorities may only use an Order to protect anything that may ordinarily be termed a tree. Farleys’ conveyancing team have extensive experience of local searches and have advised many clients on the occurrence of Tree Preservation Orders and Restrictive Covenants prior to the purchase of their properties. At the start of my research, I thought that most states and territories had blanket laws aimed at protecting trees on private land. The authority may wish to provide information to help them resubmit an appropriate notice. Paragraph: 121 Reference ID: 36-121-20140306. The authority could, however, grant consent for less work than that applied for. This will be the case, for instance, in respect of anything done by, or on behalf of, the Forestry Commission on land it owns or manages or in which it has an interest. Section 210 of the Town and Country Planning Act 1990 provides a clear structure for pursuing criminal enforcement action for unauthorised work. Unregistered Land & the Benefits of Getting it Registered, Residential Property Case Update – Rights of Way, Business Crime, Fraud and Regulatory Defence. The authority should make a copy of the Order as confirmed available for public inspection at its offices, replacing the copy of the made Order. Paragraph: 122 Reference ID: 36-122-20140306. Authorities can either initiate this process themselves or in response to a request made by any other party. Paragraph: 029 Reference ID: 36-029-20140306. People are not required to submit a section 211 notice to the local planning authority for: In either case, the diameter of the tree is to be measured over the bark of the tree at 1.5 metres above ground level. If an authority refuses consent for felling in protected woodland in the course of forestry operations: Advice may be sought from the Forestry Commission about the relevant provisions of the Forestry Act 1967. Where such a tree requires urgent work to remove an immediate risk of serious harm, written notice is required as soon as practicable after the work becomes necessary. The law protects certain trees and groups of trees. The local planning authority should consider including in the notice: Paragraph: 160 Reference ID: 36-160-20140306. For example: Paragraph: 100 Reference ID: 36-100-20140306. If the authority did not visit the site before the application was made then an officer should do so at this stage. Flowchart 4 shows the decision-making process regarding compensation. The notice should be served on the landowner. Such notices may apply, for example, to breaches of planning conditions requiring physical tree protection. In considering an application, the local planning authority should assess the impact of the proposal on the amenity of the area and whether the proposal is justified, having regard to the reasons and additional information put forward in support of it. The prosecutor said the work on the trees was “not trivial” and the “impact is a permanent one“, with “no suggestion these canopies are going to recover“. This would not normally include shrubs, but could include, for example, trees in a hedge or an old hedge which has become a line of trees of a reasonable height. Appeals against an authority’s decision to refuse consent can be made to the Secretary of State. Paragraph: 062 Reference ID: 36-062-20140306. The authority cannot validate an application that does not satisfy the necessary requirements. Serious offences may be committed to trial in the Crown Court where, if … Only the information necessary to identify these Orders and identify the trees or woodlands they protect is retained. It is a criminal offence to lop, top, cut down, uproot, wilfully damage or destroy a tree covered by a TPO unless we have permitted the work. It will take only 2 minutes to fill in. Applications for tree works can be found on the planning applications register. Paragraph: 095 Reference ID: 36-095-20140306. information on any people with a legal interest in the land affected by the Order (further guidance can be found in, the tree’s or trees’ importance as a wildlife habitat; and/or. Mohammed Hussein, 38, … The area category is intended for short-term protection in an emergency and may not be capable of providing appropriate long-term protection. Paragraph: 054 Reference ID: 36-054-20140306. It is a criminal offence to cut down, top, lop, uproot, wilfully damage, or destroy a protected tree. The authority decides whether or not the variation Order should be confirmed and cannot confirm it without first considering any duly made objections and representations. give its reasons for each condition imposed; explain the applicant’s right to compensation for, how to carry out work in accordance with good practice, where to get independent specialist advice, the information available when the local planning authority made its original decision on the application for consent, the authority’s decision and supporting information in that decision. Whether or not they make an Order, authorities can consider encouraging landowners to bring their woodlands into proper management under the grant schemes run by the Forestry Commission. It may be possible to bring a separate action for each tree cut down or damaged. Flowchart 2 shows the process for revoking Orders. Criminal liability is strict for breach of a Tree Preservation Order; however, the general rule is that the liability does not pass to successors in title. You will Paragraph: 127 Reference ID: 36-127-20140306. An Order comes into effect on the day the authority makes it. The authority may ask for more information or evidence to help determine an application, but it has no power to require information beyond that specified in the standard application form. The duty is to plant the same number of trees: Where the duty arises under section 206, those trees planted within the woodland specified in the Order will be automatically protected by the original Order. It is important that the applicant provides the authority with any additional required information at the same time as the form. When granting planning permission authorities have a duty to ensure, whenever appropriate, that planning conditions are used to provide for tree preservation and planting. When considering whether to prosecute, the authority should have regard to the Code for Crown Prosecutors and its own enforcement and prosecution policies. In these circumstances the authority is advised to vary the Order to bring it formally up to date. Where appropriate, authorities should encourage single applications for regularly repeated operations and phased works or programmes of work on trees under good management. The woodland category’s purpose is to safeguard a woodland as a whole. It should have regard to the reasons given for the work applied for and any reports or other supporting documents duly submitted. As with owners of unprotected trees, they are responsible for maintaining their trees, with no statutory rules setting out how often or to what standard… Applicants are advised not to submit their applications until they are in a position to present clear proposals. However, proceedings cannot commence more than 3 years after the date the offence was committed. 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